Legal Insights

December 11, 2019

Trapped in Humanity: Unconscious Bias Within Perception and Decision-Making in Arbitration

In dispute resolution, the skill of coherent and convincing “storytelling” is essential for an attorney to win its case. Similarly, as arbitrators are given substantial authority by the parties, transparent and rational decision-making may be of crucial importance to fruitfully resolve a dispute.

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November 6, 2019

The Subjective Scope of Pre-Insolvency Arbitration Agreements

In November 2018, the Austrian Supreme Court handed down a landmark decision (18 ONc 2/18s), clarifying that an arbitral tribunal may verify the accuracy of a claim that is subject to insolvency proceedings despite the otherwise exclusive jurisdiction of the insolvency court, provided that the…

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